Last updated: 27 July 2020
1. IMPORTANT INFORMATION AND WHO WE ARE
subscribe to our newsletter
purchase a WAX APPLE KIDS product
take part in a competition or prize-draw
engage with us at an event
Although we are a baby and kidswear brand, this website is not intended for use by children and we do not collect data relating to children, without explicit consent from the child’s parent or lawful guardian.
WAX APPLE KIDS LTD, a company registered and operating in the United Kingdom (“WAX APPLE KIDS”, “we”, “us”, or “our”) is the controller and responsible for your personal data.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
• Identity Data includes first name, maiden name, last name, username or similar identifier.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Account Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website (see our Cookies Policy for more information on what type of Cookies we use on our website).
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
Ø order or purchase our products or services;
Ø create an account on our website;
Ø subscribe to our newsletter;
Ø request marketing communications to be sent to you;
Ø enter a competition, promotion or survey; or
Ø give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookies Policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
Ø Technical Data from analytics providers such as Google LLC based outside the European Economic Area (EEA).
Ø Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal (Europe) S.a.r.l. et Cie, S.C.A. based inside the EEA.
Ø Identity and Contact Data from local publicly available sources such as Companies House and the Electoral Register based inside the EEA.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you (i.e. when we need to fulfil your order).
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
• Where we have your explicit consent.
• Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent when you subscribe to our mailing list for the purposes of receiving Fin + Zee marketing communications. We will not pass on your personal data to any third party for the purposes of third party marketing without your consent. You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you and legitimate interest
To process and deliver your order including:
(a) Manage payments, delivery, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
Customer Care, including:
(a) Notifying you about changes to our policies
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to ensure our customers are happy with our products and service)
To enable you to partake in a prize draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to ensure our customers are happy with our products and services, and to constantly improve our products and service based on your feedback)
(c) Your consent – you will only receive direct communications from us in respect of competitions and other exclusive offers if you subscribe to our mailing list
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to ensure our customers are happy with our products and service)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about goods or services that may be of interest to you
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)
MARKETING AND PROMOTIONAL OFFERS
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. When you purchase from us for the first time, we give you the opportunity to opt-in to receive marketing communications from us. When you do so, you will only receive marketing communications about Fin + Zee products and services - we will not share your personal data with third party marketers without your prior consent.
We may use your Identity, Contact, Technical, Usage and Account Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us to stop sending you marketing communications at any time by following the unsubscribe link on any marketing email that we send to you or by contacting us by email. Note that if you unsubscribe, you will not receive any marketing communications from Fin + Zee.
Where you opt out of receiving these marketing communications, this will not apply to personal data provided to us as a result of a product purchase, customer survey / experience engagement, or other transactional communications necessary for the performance of the contract between you and us.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in the table above.
• External Third Parties as set out in the Glossary at the end of this Policy.
• Specific third parties including:
1. The Rocket Science Group LLC (“Mailchimp”). We use Mailchimp’s online marketing platform services which enable us to communicate email campaigns to you and serve advertisements to you. Mailchimp may also provide us with real time data analytics services.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We share your personal data with Flodesk. This will involve transferring your data outside the EEA. Flodesk’s servers and offices are located in the United States of America and will therefore process your personal data in the United States of America. Flodesk participates in and and has certified its compliance with the EU-U.S. Privacy Shield Framework. To learn more about how Flodesk use and store your personal data, see https://www.privacypolicies.com/privacy/view/bb9c8c7ecbee39b15f2f5be574def422
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield Framework which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data. See below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us. We may ask you questions and/or ask you to provide us with evidence in order to verify your identity.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month from the date we receive the request. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
EXTERNAL THIRD PARTIES (in general)
• Service providers acting as processors based in the US who provide IT and system administration services, website development services, marketing services.
• Service providers acting as processors or joint controllers based in the EEA and in the US who provide online payment services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who may require reporting of processing activities in certain circumstances.
What are cookies?
Cookies are small text files that are placed on your computer when you visit a web site. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the web site owner (in this case, WAX APPLE KIDS Ltd) are called “first party cookies”. Cookies set by parties other than the web site owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the web site (like analytics, advertising and videos). The parties that set these third party cookies can recognize your computer both when it visits the web site in question and also when it visits certain other web sites.
This information enables us to understand how visitors use our website and to provide them with enhanced website functionality. However, it is collected in a way that does not enable WAX APPLE KIDS Ltd to determine the actual identity of its visitors, unless they choose to provide this voluntarily.
What cookies do you use?
Types of cookies served through our web site and the purposes they perform are described in the table below:
Type of cookie
Purpose What information is collected?
How can I opt-out?
Required cookies enable you to navigate the Websites and use its features, such as accessing secure areas of the Websites and using its services.
Your IP address, browser information
Because required cookies are essential to operate the Websites and the Services, there is no option to opt out of these cookies.
Used to improve the Website function and performance.
Information about how you use our Website, including which pages you visit most often and if you receive error messages from certain pages.
You can opt out of performance cookies using your browser settings.
You can manage your privacy and storage settings for flash cookies.
All the Website to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features.
We use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our Website to personalize your visit.
Your IP address and preferences you indicate (e.g. language selection)
Learn how to opt out of functionality cookies using your browser settings.
Note that opting out may impact the functionality you receive when using the Website.
Learn how to manage privacy and storage settings for Flash cookies.
Targeting or Advertising cookies
Engaging third parties to track and analyse usage and volume statistical information from individuals who visit the Website.
IP addresses and other information from Web beacons on the Website, from emails, and on third party websites.
To learn more about these and other advertising networks and their opt-out instructions, click here and here.
To learn how to manage privacy and storage settings for Flash cookies, click here.
Do you serve targeted advertising?
No. At this time, we do not serve any cookies through our Website for targeted advertising purposes nor do we allow any third party to do this.
How can I control cookies?
You have the right to decide whether to accept or reject cookies.
Where Can I Get Further Information?
If you have any questions or comments about our Cookies Policy, please email us at firstname.lastname@example.org.